What You Need To Know About Workplace Discrimination
Anticouni & Ricotta understands the difficult issues involved in any Workplace Harassment or Discrimination claims. Our firm holds this understanding because we provide comprehensive legal services to parties across the entire Employee-Employer spectrum. Clients turn to us confidently, knowing that our advice to them will also incorporate strategies responsive to the other side’s likely legal maneuvers.
Employees are entitled to be free from Harassment and Discrimination in the workplace. We regularly advise clients regarding a wide variety of Workplace Harassment and Discrimination matters, including:
1. Pregnancy Discrimination
Pregnancy Discrimination is unlawful under California law. This law applies to Applicants and existing Employees. An Employer must provide you with reasonable accommodations when you become pregnant. These accommodations are designed to allow you to perform your job functions. Such accommodations may include:
- Shorter Days
- Working From Home
- Providing You a Lumbar Support to Reduce Back Pain
- Allowing You to Prop Up Your Feet
- Time Off for Prenatal Doctors’ Appointments
Pregnant workers are legally considered disabled under California law. If you are pregnant and your Employer treats you unfairly, you may have a claim of Pregnancy Discrimination, Disability Discrimination and Gender Discrimination.
If you are experiencing Pregnancy Discrimination, our attorneys can advise you of your legal rights and, when appropriate, assist you with a legal action against your Employer.
2. Whistleblower Discrimination
Workers have the right to report their Employers to government agencies for committing illegal practices without being retaliated against. Whistleblower is a term for a conscientious Employee who reports illegal activity on the part of his or her Employer or reports another Employee to a supervisor. Being a Whistleblower could result in adverse consequences for you, including retaliation by your company or fellow Employees. Retaliation takes many forms, including:
- Failure to Promote
- Demotion
- Termination
- Write Ups
- Intimidation
If you are facing retaliation for blowing the whistle, our attorneys can advise you of your legal rights and, when appropriate, assist you with legal actions against the Employer.
3. Gender Discrimination
It is against the law to discriminate because of a person’s sex. This law applies to Applicants and existing Employees.
If you are being discriminated against based on your sex, our attorneys can advise you of your legal rights and, when appropriate, assist you with legal actions against your Employer.
4. Racial Discrimination
It is against the law to discriminate against an individual because of his or her race or color. This law applies to Applicants and existing Employees.
If you are being discriminated against based on your race or color, our attorneys can advise you of your legal rights and, when appropriate, assist you with legal actions against the Employer.
5. Age Discrimination
It is against the law to discriminate against an individual because of his or her age. This law applies to Applicants and existing Employees.
If you believe you have been discriminated against based on your age, our attorneys can advise you of your legal rights and, when appropriate, assist you with legal actions against the Employer.
6. Disability Discrimination
Both state and federal law protect Applicants and Employees from Discrimination based on physical or mental disabilities, provided the individuals are able to perform their duties with reasonable accommodations. Denying reasonable accommodations to a disabled Employee is unlawful Discrimination. Under California law, Employers are required to accommodate the needs of disabled workers, providing such things as:
- Ergonomic Keyboards
- Footrests
- Periodic Breaks
- Shorter Work Days
- Flexible Schedules
- Time Away From Work to Heal
If you feel that your disability is holding you back at work and that reasonable accommodations could improve your situation, you should speak with your Employer. At this point the Employer must engage in an interactive process with you where solutions are developed to allow you to continue to do your job.
If your Employer refuses to go through these negotiations or fires you for causing trouble, you may have grounds for a discrimination or wrongful termination lawsuit. We can advise you of your rights.
7. National Origin Discrimination
It is against the law to discriminate against an individual because of his or her national origin or ancestry.
Substantial damages are available to an Applicant or Employee who suffers from Discrimination based on his or her national origin or ancestry.
If you are experiencing discrimination based on your national origin or ancestry, our attorneys can advise you of your legal rights and, when appropriate, assist you with legal actions against your Employer.
8. Religious Discrimination
It is against the law to discriminate against an individual on the basis of either the lack of a religious belief or because he or she practices a religion.
Substantial damages are available to an Applicant or Employee who suffers from Discrimination based on his or her religious beliefs.
If you are experiencing discrimination based on your religious beliefs, our attorneys can advise you of your legal rights and, when appropriate, assist you with legal actions against your Employer.
9. Marital Discrimination
It is against the law to discriminate against a job applicant or employee based on the fact that they are single, divorced, married, have a registered domestic partner or any other personal relationship.
Substantial damages are available to an Applicant or Employee who suffers from Discrimination based on their marital status.
If you experience discrimination based on your marital status, our attorneys can advise you of your legal rights and, when appropriate, assist you with legal actions against your Employer.
10. Sexual Orientation Discrimination
It is unlawful to discriminate against an individual based on his or her perceived or actual sexual orientation.
Substantial damages are available to an Applicant or Employee who suffers from Discrimination based on their sexual orientation.
Can independent contractors sue for discrimination in California?
Independent contractors generally have fewer legal protections than employees in California, but that does not mean you are out of options.
Some companies misclassify workers specifically to avoid workplace harassment and discrimination laws, but California courts look at the actual nature of your working relationship, not just your job title.
If you are a true independent contractor, you could still pursue a breach of contract claim if your agreement was violated. You may also have grounds for wrongful termination or retaliation claims, which can help you recover lost wages and other economic damages.
Do I need witnesses to win a discrimination case?
No, you do not need witnesses to win a discrimination case, although it is a factor that can significantly strengthen your claim. Many successful discrimination cases rely on other types of evidence, such as emails, text messages, performance reviews or company policies. A pattern of discriminatory behavior can also go a long way in supporting your case, even without a single witness to back it up.
Should I report discrimination to HR first or talk to a lawyer first?
It depends on what happened. If the issue involves harassment, discrimination, retaliation, leave disputes, pregnancy, disability accommodations, pay violations, whistleblowing or mistreatment by a supervisor, talk to a lawyer before you report it. You do not want to walk into HR without knowing your rights first. Speaking with a lawyer first helps you avoid mistakes that could hurt your case or your job down the line.
That said, reporting to HR is still an important step. It puts your employer on notice, creates a record and can trigger a formal investigation. Just make sure you go in prepared. Before you report anything, gather as much evidence as you can. Useful evidence includes emails, text messages, screenshots, meeting notes, performance reviews and the names of any witnesses. If anything changed after you spoke up, document that as well.
If you are experiencing discrimination based on your sexual orientation, our attorneys can advise you of your legal rights and, when appropriate, assist you with legal actions against your Employer. Call us at 805-699-5968 or send us an email to arrange a meeting.